E-Library - Information At Your Fingertips: Printer Friendly 12/19/21, 1:28 PM On August 2, 1994, when Vedasto was reported missing, Imelda cannot as yet file her claim for death benefits as it Is still premature. The provisions of Article 391 of the Civil Code therefore become relevant, to wit: The following shall be presumed dead for all purposes, including the division of the estate among the heirs; (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (Emphasis supplied.) With the known facts, namely, that Vedasto was lost or missing while M/V Couper was navigating the open sea, .there is no doubt that he could have been in danger of death. Paragraph (3) of Article 391 of the Civil Code will then be applicable in this case. Thus, Vedasto can only be presumed dead after the lapse of four years from August 2, 1994 when he was declared missing. But of course, evidence must be shown that Vedasto has not been heard of for four years or thereafter. This is the case here. Vedasto is presumed legally dead only on August 2, 1998. It is only at this time that the rights of his heirs to file their claim for death benefits accrued. Korphil then further argued that although Vedasto was declared dead only on August 2, 1998, his death should be considered on the very day of the occurrence of the event from which death is presumed. Thus, the death of Vedasto should retroact to August 2, 1994. The three-year prescriptive period under Article 291 of the Labor Code will therefore be reckoned on August 2, 1994. We do not agree. If we allow such an argument, then no claim for death compensation benefits under this circumstance will ever prosper. This is so because the heirs of a missing seaman have to wait for four years as provided under Article 391 of the Civil Code before the seaman is declared as legally dead. After four years, the prescriptive period for filing money claims under Article 291 of the Labor Code would, obviously, lapse. This scenario could not have been the intention of the legislature in enacting a social legislation, such as the Labor Code. Imelda's claim for death compensation benefits was filed on time. Having already established that Imelda's cause of action accrued on August 2, 1998, it follows that her claim filed on May 29, 2000 was timely. It was filed within three years from the time the cause of action accrued pursuant to Article 291 of the Labor https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37942 Page 8 of 10